Mississippi
Does Mississippi Allow Legal Separation? Separate Maintenance (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 1 primary source cited on this page. How we verify our legal content
Mississippi does not offer a "legal separation." The Mississippi Supreme Court said so directly in Godwin v. Godwin, 758 So. 2d 384 (Miss. 1999), while confirming that a chancery court order for separate maintenance "is recognized and is viable." Separate maintenance is the closest Mississippi equivalent, and the spouses stay married.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Mississippi's position on legal separation and the separate maintenance remedy as described in Godwin v. Godwin (Miss. 1999), Marshall v. Marshall (Miss. Ct. App. 2007), Perkins v. Perkins (Miss. 2001) and Collins v. Collins (Miss. 2013), plus Miss. Code Ann. § 93-5-27 as quoted from a 2020 compilation of the Mississippi Code. It does not cover the grounds or residency rules for separate maintenance, how support amounts are set, inheritance effects, or divorce. For divorce, see Mississippi divorce laws.
Is legal separation recognized in Mississippi?
No. In Godwin v. Godwin, the Mississippi Supreme Court wrote:
"neither the Legislature nor this Court has ever recognized the concept of a 'legal separation' in this State's divorce law, and we do not do so in this case. However, an order for separate maintenance is recognized and is viable."
The Mississippi Court of Appeals later repeated the point in Marshall v. Marshall, 979 So. 2d 699 (Miss. Ct. App. 2007), noting that "Mississippi does not recognize legal separation." A separate opinion in Godwin, concurring in part and dissenting in part, agreed on this point, stating that "Mississippi has never recognized legal separation."
So a Mississippi chancery court will not enter a decree of legal separation as some other states do. A spouse who wants a court order while staying married asks for separate maintenance instead.
What is separate maintenance in Mississippi?
Separate maintenance is a chancery court order requiring one spouse to provide ongoing support to the other while the marriage continues. It is a judge-made remedy: Godwin treated it as recognized under Mississippi law, and the Mississippi Supreme Court's decision in Perkins v. Perkins, 787 So. 2d 1256 (Miss. 2001), arose from a complaint for separate maintenance.
In Perkins, the Mississippi Supreme Court, citing its earlier decision in Daigle v. Daigle (Miss. 1993), described separate maintenance as "a court-created equitable relief based upon the marriage relationship" and "a judicial command to the husband to resume cohabitation with his wife, or in default thereof, to provide suitable maintenance of her until such time as they may be reconciled to each other." In that case, the husband answered that he was ready to resume marital relations.
This page does not cover what a spouse must prove to obtain separate maintenance, whether a residency period applies, or how the amount is set. A Mississippi family lawyer or the chancery clerk can explain those requirements. For how Mississippi courts approach spousal support generally, see Mississippi alimony laws.
How separate maintenance affects property
Separate maintenance is not a property division, but it can affect what counts as marital property in a later divorce. The Godwin majority held:
"Assets acquired after an order for separate maintenance should be considered the separate property of the parties, absent a showing of either (1) contribution ... or (2) acquisition of the asset through the use of marital property."
In other words, once a separate maintenance order is in place, property either spouse acquires afterward is presumptively that spouse's own, unless the other spouse contributed to it or marital property was used to get it.
A temporary support order is different. In Collins v. Collins, 112 So. 3d 428 (Miss. 2013), the Mississippi Supreme Court held that a chancellor has discretion to decide in each case whether a temporary order is the line of demarcation. In Marshall, the Court of Appeals refused to use a temporary order from a divorce case that had been dismissed.
Separate maintenance does not end the marriage
A separate maintenance order leaves the marriage in place. Under Miss. Code Ann. § 93-5-27, "In all cases of divorce from the bonds of matrimony, the marital rights shall cease with the judgment." Separate maintenance is not a divorce judgment, so the spouses remain married.
Nothing in the authorities covered here turns a separate maintenance order into a divorce over time. A spouse who wants to end the marriage files a divorce action. In Godwin itself, the wife filed a divorce complaint after years of receiving separate maintenance payments.
This page does not cover how a separate maintenance order affects inheritance or other rights at death. Ask a Mississippi lawyer about estate planning during a separation.
Other orders while spouses live apart
The authorities covered here describe two kinds of court order that can affect property while spouses live apart:
| Option | What it does | Authority |
|---|---|---|
| Separate maintenance order | Chancery court orders support for the spouse while the marriage continues; property acquired afterward is presumptively separate | Godwin v. Godwin, 758 So. 2d 384 (Miss. 1999) |
| Temporary support order (in a divorce case) | May mark the property cut-off if the chancellor so decides | Collins v. Collins, 112 So. 3d 428 (Miss. 2013) |
Custody and child support for children of separated parents follow their own rules. See Mississippi child custody laws and Mississippi child support laws.
Where to get help in Mississippi
The Mississippi Judiciary's Civil Legal Assistance page offers pauper's affidavit forms for people asking to proceed without paying court costs. It does not include separate maintenance forms or instructions. The chancery clerk in your county can explain local filing practice, and a Mississippi family lawyer can advise on whether separate maintenance or divorce fits a particular situation.
Disclaimer: This article provides general legal information about separate maintenance and legal separation under Mississippi law (Godwin v. Godwin (Miss. 1999), Marshall v. Marshall (Miss. Ct. App. 2007), Perkins v. Perkins (Miss. 2001), Collins v. Collins (Miss. 2013) and Miss. Code Ann. § 93-5-27), verified on 2026-10-08. It is not legal advice. For advice about your situation, consult a lawyer licensed in Mississippi or ask the chancery clerk in your county.
Related
- Legal separation laws in every state
- Mississippi divorce laws
- Mississippi alimony laws
- Mississippi child custody laws
- Mississippi child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
Does Mississippi have legal separation?
No. In Godwin v. Godwin, 758 So. 2d 384 (Miss. 1999), the Mississippi Supreme Court said neither the Legislature nor the Court has recognized legal separation, while confirming that separate maintenance is available.
What is the Mississippi alternative to legal separation?
An order for separate maintenance from the chancery court, which requires support for a spouse while the marriage continues (Godwin v. Godwin, Miss. 1999).
Are you still married under a separate maintenance order in Mississippi?
Yes. Separate maintenance is not a divorce, and under Miss. Code Ann. § 93-5-27 marital rights cease only with a divorce judgment.
Is property bought after separation marital property in Mississippi?
Under Godwin, assets acquired after a separate maintenance order are treated as separate property unless the other spouse contributed or marital property was used; a temporary support order may also mark the cut-off, at the chancellor's discretion; more generally, the Mississippi Supreme Court has said the cut-off can fall anywhere from the date of separation to the date of divorce (Collins v. Collins, Miss. 2013).
Does separate maintenance turn into a divorce in Mississippi?
The cases covered here do not describe any automatic conversion; a spouse who wants to end the marriage files for divorce, as the wife in Godwin eventually did.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Mississippi Code of 1972 Annotated
§ 93-5-1Causes for divorce.In forcecited in 2 of our articles
Divorces from the bonds of matrimony may be decreed to the injured party for any one or more of the following twelve (12) causes: First. Natural impotency. Second.…
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at billstatus.ls.state.ms.us
Cited in 84 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Rawson v. Buta (Mississippi Supreme Court 1992, 609 So. 2d 426)“…on the grounds of "habitual, cruel and inhuman treatment." Miss. Code Ann. § 93-5-1 (1972). Mississippi rules require that…”
- Carambat v. Carambat (Mississippi Supreme Court 2011, 72 So. 3d 505)“…l and excessive use of opium, morphine or other like drug." Miss.Code Ann. § 93-5-1 (Rev. 2004). Because marihuana is unlik…”
- Davis v. Davis (Mississippi Supreme Court 2002, 832 So. 2d 492)“…tual cruel and inhuman treatment, and desertion pursuant to Miss.Code Ann. § 93-5-1 (1994); in the alternative, or as a sep…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Mississippi Divorce Laws (2026): Grounds, Residency, and Process
§ 93-5-2Divorce on ground of irreconcilable differences.In forcecited in 2 of our articles
(1) Divorce from the bonds of matrimony may be granted on the ground of irreconcilable differences, but only upon the joint complaint of the husband and wife or a complaint where the defendant has been personally served with process or where the defendant has entered an appearance by written waiver…
Official text (excerpt) · last checked 2020-07-08 · Read the full text in our law library
Cited in 158 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Tedford v. Dempsey (Mississippi Supreme Court 1983, 437 So. 2d 410)“…concilable differences and invoked the procedures found in Miss. Code Ann. § 93-5-2 (Supp. *415 1982). Attached to their…”
- Bell v. Bell (Mississippi Supreme Court 1990, 572 So. 2d 841)“…serting the no-fault ground of irreconcilable differences. Miss. Code Ann. § 93-5-2 (Supp. 1986). As required under the la…”
- Perkins v. Perkins (Mississippi Supreme Court 2001, 787 So. 2d 1256)“…roperty rights] are adequate and sufficient" as required by Miss.Code Ann. § 93-5-2(2) (1994). For that reason alone, this…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 93-5-23Custody of children; alimony; effect of military duty on custody and visitation.In forcecited in 3 of our articles
When a divorce shall be decreed from the bonds of matrimony, the court may, in its discretion, having regard to the circumstances of the parties and the nature of the case, as may seem equitable and just, make all orders touching the care, custody and maintenance of the children of the marriage,…
Official text (excerpt) · last checked 2020-07-08 · Read the full text in our law library
Cited in 163 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Ferguson v. Ferguson (Mississippi Supreme Court 1994, 639 So. 2d 921)“…irness undergird this authority. That duty was codified in Miss. Code Ann. § 93-5-23 (Supp. 1993) as follows: [5] When a…”
- Saliba v. Saliba (Mississippi Supreme Court 2000, 753 So. 2d 1095)“…f 1942 [5] (and what is now part of the first paragraph of Miss.Code Ann. § 93-5-23 (Supp.1999)), the Court recited the tri…”
- Rogers v. Morin (Mississippi Supreme Court 2001, 791 So. 2d 815)“…l abuse allegations. He found that this was consistent with Miss. Code Ann. § 93-5-23 which provides, in pertinent part, as…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Mississippi: Is It Recognized? (2026), Mississippi Alimony Laws: How Spousal Support Works (2026)
§ 93-5-27Marital rights cease with judgment of divorce.In force
In all cases of divorce from the bonds of matrimony, the marital rights shall cease with the judgment. HISTORY: Codes, 1930, § 1423; 1942, § 2745; Laws, 1924, ch. 163; Laws, 1991, ch. 573, § 134, eff from and after July 1, 1991.
Official text (excerpt) · last checked 2020-07-08 · Read the full text in our law library
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Godwin v. Godwin, 758 So. 2d 384 (Miss. 1999) (CourtListener)(courtlistener.com)
- Marshall v. Marshall, 979 So. 2d 699 (Miss. Ct. App. 2007) (CourtListener)(courtlistener.com)
- Perkins v. Perkins, 787 So. 2d 1256 (Miss. 2001) (CourtListener)(courtlistener.com)
- Collins v. Collins, 112 So. 3d 428 (Miss. 2013) (CourtListener)(courtlistener.com)
- Mississippi Judiciary: Civil Legal Assistance (pauper's affidavit forms)(courts.ms.gov).gov